CHAPTER 375

EDUCATION

RELATING TO CONSOLIDATION OF SCHOOL DISTRICTS

AN ACT TO AMEND CHAPTER 71 OF THE REVISED CODE OF DELAWARE, 1935, TO AUTHORIZE THE CONSOLIDATION OF SCHOOL DISTRICTS AND TO PROVIDE FOR THE TRANSFER OF TITLES OF SCHOOL PROPERTY AND THE VALIDATION OF SCHOOL BONDS AND COLLECTION OF TAXES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 2634. Sec. 12. of the Revised Code of Delaware, 1935, be amended by striking out all of the said section and inserting in lieu thereof, the following:

"2634. Sec. 12. CONSOLIDATION OF SCHOOL DISTRICTS: MUST BE SUBMIITED TO VOTERS:--The State Board of Education may, when, in the Board's judgment, it is practicable and desirable, consolidate two or more school districts or a school district and a special school district, or two special school districts which are contiguous, provided that before doing so they post notice of the proposed change four weeks prior thereto on the front door of the school house or school houses and in at least ten other prominent and conspicuous places in the district or districts concerned. At the expiration of the time aforesaid the question of consolidation shall be submitted by referendum to the voters of the district or districts affected. The notice of the referendum shall distinctly state that in case the consolidation is effected, the bonds of both districts, if any, shall be assumed by the consolidated district and paid according to the original authorization, which was accomplished by the referendums in the respective districts before the bonds were issued, and that the rate of tax for current expenses in the consolidated district shall not be in excess of the highest rate that was levied in either of the districts to be consolidated without a new referendum to authorize such taxation. Said referendum vote shall be

held within ten days of the expiration of such notice and shall be conducted by the Boards of School Trustees in said Districts and/or Boards of Education of the said Special School Districts. At said election any person shall be entitled to vote who would be entitled to vote at a regular school election of said school districts if held at that time.

The question shall be determined by a majority vote in each district affected and the result shall be immediately certified to the State Board of Education."

Approved June 30, 1949